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Created by a deleted user
over 9 years ago
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Copied by Zahrah Mehmood
over 9 years ago
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| Question | Answer |
| Offer | An offer is a statement of terms which the person making the offer is willing to enter a contract; it can be written or verbal. |
| Invitation to Treat (ITT) | An indication of a willingness to start negotiations and is not an offer. |
| Acceptance | The final expression of agreement (assent) to terms of an offer. |
| Commercial | Generally where one of the parties is a business. |
| Domestic | Generally, where the parties are friends or family. |
| Presumption | What the law will automatically think, unless there is a valid rebuttal. |
| Rebuttal | A reason why the presumption would not be fair or valid. |
| Deed | A formal written and witnessed document. |
| Consideration | Each party will give something of value. |
| Actual Breach | When one of the terms is either not completed or is not properly completed. |
| Anticipatory Breach | Where one of the parties states or indicates that they will not perform their part of the contract. |
| Condition | Is a term of the contract and if not performed it will go to the heart of the contract. |
| Warranty | Minor term of the contract and if it isn't performed it will cause loss but does not go to the heart of the contract. |
| Loss of the Bargain | This is the money awarded to replace the costs incurred in entering the contract in the first place. |
| Consequential Losses | This is the money awarded to make up for the costs incurred as a result of the breach of contract. |
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